More on Ultimate and Immanent Justice: Results from the Research Project “Justice as a Problem within Reunified Germany”

In earlier studies it was shown that two domain-specific variates of belief in a just world, namely belief in immanent justice and belief in ultimate justice concerning severe illness, differ systematically and significantly. Only immanent justice leads to accusation and derogation of innocent victims while ultimate justice is concordant with positive evaluations of victims and helping behavior. With regard to the research project Justice as a Problem within Reunified Germany (GiP, from the German Gerechtigkeit als innerdeutsches Problem), two new scales were developed for purposes of measuring general belief in immanent and ultimate justice. Using a sample of 929 West Germans and 1,275 East Germans, some of the correlation patterns found in earlier studies could be replicated. For example, immanent justice did correlate with draconian judgments (the proneness to strict and severe judgments), while ultimate justice was associated with mildness. Only ultimate justice correlated with existential guilt about the underprivileged. Beside this confirmation of earlier findings, new correlation patterns were revealed. For example, only immanent justice correlated with the equity principle, whereas ultimate justice corresponded to the need and equality principles.     

Social Justice Issues in the Management of Religious Diversity in Australia

New religions, both those arriving by way of the cultural baggage of migrants and those which are part of the panoply of recent New Religious Movements and the New Age, have challenged and changed Australia's religious demography, but have been incorporated into Australian society in a comparatively peaceable way due to Australia's very tolerant religious institution. The effective management of this new religious diversity has been made possible by previously existing norms and expectations (i.e., institutions). The attempt to enact federal legislation to protect freedom of religion and belief in response to ICCPR Article 18 spearheaded by Australia's Human Rights and Equal Opportunities Commission provides an opportunity to examine a particular case of the management of religious diversity. Groups that viewed the consequences of religious difference from a social justice perspective supported the legislation, and those that essentialize religious difference opposed it.     

Distributing Adventitious Resources: The Effects of Relationship and Grouping

This study examines the effect of two variables—relationship and grouping—on the distribution of resources which are unearned, or adventitious. Strangers and acquaintances made decisions about the distribution of an adventitious resource either as individual decision makers or as members of a small group. Results indicate that acquaintances were more likely to share the resource than were strangers, and that group members were more likely to share than were individual allocators. Equality received the highest overall rating as a norm for distributing the adventitious resource. At the same time, subjects expected allocators to keep the resource instead of applying an equality distribution norm.     

An Integrative Perspective on Social Justice: Distributive and Procedural Fairness Evaluations of Positive and Negative Outcome Allocations

This paper presents a theoretical framework for the integration of distributive and procedural justice in positive and negative outcome allocations. The framework consists of seven basic assumptions, seven propositions, and seven groups of interrelated hypotheses. The expected outcome offers a coherent program for future justice research based on the realization that distributive and procedural aspects of fairness cannot be meaningfully treated (1) in isolation from one another, and (2) without taking into account the valence of the allocated outcome. The framework should also reveal the need to reassess existing distributive and procedural justice study conclusions that neglected to examine the interactive effects of the allocation outcome (distribution) and the procedure and the outcome valence.     

刑民合一抑或刑民分审--刑事附带民事诉讼制度评析

刑事附带民事诉讼制度优缺点并存,并不一定利于刑事案件的正确解决和对被害人利益的保护,有违诉讼公正的原则.因此有必要借鉴刑、民分审制度的合理之处,根据具体案件的实际情况来决定通过刑民分审还是刑事附带民事诉讼程序解决被害人的损害赔偿问题.     

着眼现代警务发展方向深入实施社区警务战略

适应社区建设和公安工作发展方向,开展社区警务建设.保定市和平里派出所着眼现代警务工作发展方向,制定了以控制和减少犯罪为出发点,以发动社会公众参与为基本点,以构筑有效的防控机制为立足点,以密切警民关系为着力点的社区警务发展战略,有效增强了对辖区社会治安的整体驾驭能力和控制能力,初步实现了发案少,秩序好、社会稳定、群众满意的目标.     

恢复性司法述评

恢复性司法是指与特定犯罪有利害关系的各方共同参与犯罪处理的司法模式 ,具有恢复性、个人参与性、社会性、前瞻性和灵活性等特征。恢复性司法模式与传统报应性司法模式有很多不同特点 ,它把犯罪人的悔恨、忏悔和被害人的宽恕作为重要因素。恢复性司法的运作模式有社区恢复委员会、量刑小组、赔偿、社区服务、被害后果陈述、被害人犯罪人调解 ,家庭小组会议等七种类型。恢复性司法活动在司法实践中取得很好效果。     

关注权力与权利

《行政许可法》的立法工作在进行中。从保护相对人权利和规范行政许可的视角分析 ,其草案至少应完善以下几个方面的内容 :对于行政权利 ,应严格许可权与经营权的分离 ,严格收与支的分离 ;对相对人的程序权利 ,应加强第三人的程序权利 ,应以申辩不影响实体权利来保障申辩权。     

程序性制裁解构 --以刑事程序为范例

随着实体正义到程序正义的流变,程序正义逐步占据了话语主导权,但程序正义却在实践中失范,其中程序性制裁的缺失是重要原因.程序性制裁建构了违反程序的责任后果,维系了程序正义,实现权利的救济.应当在分析程序性制裁的构成要件的基础上,以比较法的视角,对我国本土的程序性制裁制度建构进行解析.